Artificial Intelligence (AI) is rapidly transforming many aspects of our lives, and family law is no exception. Common AI models such as ChatGPT, Co-Pilot, and DeepSeek are becoming increasingly popular, and for good reason. These tools help many people organise their lives, process information, and provide answers to their day-to-day queries.

Consequently, more people are also turning to AI tools for legal support, particularly those representing themselves in court (known as Litigants in Person or LIPs). We are, therefore, potentially entering a new and complex frontier in legal practice.

What Is AI and How Are LIPs Using It?

AI refers to computer systems that can perform tasks typically requiring human intelligence. In the legal world, this includes tools that can:

  • Draft documents
  • Summarise case law
  • Answer legal questions
  • Generate arguments or submissions

Many of these tools are powered by Large Language Models (LLMs), advanced algorithms trained on vast amounts of text to generate human-like responses. LIPs are increasingly using these tools to help them research legal issues and prepare documents that would otherwise be drafted by lawyers, such as statements.

On a more basic level, legal proceedings are often rife with jargon and terminology, and people are turning to AI to help decipher these terms, rather than using a ‘google search’ or an old-school dictionary.

This can be empowering for those who cannot afford legal representation, especially when the other party does have a lawyer undertaking these tasks. However, it also raises serious risks for LIPs.

While AI can assist with basic tasks, it is not a substitute for legal advice.

As a solicitor advocate, I often appear in court, as well as advise and assist clients in the day-to-day issues which arise on their matters. As the use of AI increases, there are some common issues which I have observed in practice:

1. Misquoting the Law

AI tools may be able to identify appropriate legislation and case law. However, there is a risk that this information is outdated or incorrectly applies legal principles. There is also the risk of AI not being able to understand the nuances in family law. AI cannot necessarily comprehend the emotional, financial, or safeguarding complexities involved in disputes over children or finances.

It is also subject to certain biases which may taint the way in which legal principles are applied. I have therefore experienced many LIPs who have identified the correct body of legislation or law but misapplied or misunderstood how it relates to a certain case.

2. AI ‘Hallucinations’

One of the most serious and least understood risks of using AI in legal settings is hallucination. An AI hallucination occurs when the system generates information that sounds plausible but is completely false or fabricated.

The very nature of these AI systems is to be helpful, and as a result, AI can sometimes produce fake case law or legal precedents, incorrect statutory references, or misleading summaries of legal principles.

These errors are not always obvious, especially to someone without legal training. Very recently, the senior courts have had to deal with both LIPs and even lawyers that have confidently cited cases that don’t exist or misrepresent the law. There are serious consequences for those who do so, including contempt of court proceedings.

3. Overconfidence

There is a risk that some LIPs could rely entirely on AI-generated documents, believing them to be legally sound. This can lead to procedural errors, missed deadlines, or unrealistic expectations about outcomes. If a party becomes entrenched in their position based on the advice of AI tools which is unsound, this may make proceedings harder to settle, and lead to disappointment and upset when the outcome is different than predicted by AI. Ultimately, AI could increase risk and costs, harming your case and requiring lawyers to redress matters.

Why Independent Legal Advice Still Matters

This blog is not anti-AI. As a solicitor advocate, I use AI daily as a tool, from drafting and research to preparing documents when appearing in court. However, while the technology is impressive, it is not infallible.  Legal advice remains essential because:

  • Solicitors understand the law much more comprehensively, particularly about its application to real-life scenarios. In family law, everyone’s situation is different and nuance issues arise that need to be considered.
  • We can challenge or refine AI-generated content to ensure accuracy.
  • We provide a more comprehensive service including strategic guidance, emotional support, and advocacy, which AI cannot.

AI should be seen as a tool to support legal processes, not replace them.

We accept AI is here to stay and it has the potential to democratise legal knowledge. But without proper guidance, it can also mislead and confuse.

How FJG Can Help

At Fisher Jones Greenwood LLP, we embrace innovation. We use AI to improve efficiency and access to justice, and we support clients who use these tools. But we also advocate for responsible use.

If you’re representing yourself and using AI, consider booking a fixed-fee consultation. We can review your documents, clarify your legal position, and help you avoid costly mistakes.

Joel Vika-Tyson is a Solicitor-Advocate in our Family Law team specialising in divorce & separation, private children law and domestic abuse.

If you have any queries on the above subject, please do not hesitate to get in touch with Joel on 01206 217588 or complete our online enquiry form.